By: Carona S.B. No. 11
 
 
A BILL TO BE ENTITLED
AN ACT
relating to homeland security; providing penalties.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1.  CERTAIN DISASTER RESPONSE PROCEDURES FOR POLITICAL
SUBDIVISIONS
       SECTION 1.01.  Section 418.004, Government Code, is amended
by adding Subdivisions (10) through (14) to read as follows:
             (10)  "Local government entity" means a county,
incorporated city, independent school district, emergency services
district, other special district, joint board, or other entity
defined as a political subdivision under the laws of this state that
maintains the capability to provide mutual aid.
             (11)  "Mutual aid" means a homeland security activity,
as defined by Section 421.001, performed under the system or a
written mutual aid agreement.
             (12)  "Requesting local government entity" means a
local government entity requesting mutual aid assistance under the
system.
             (13)  "Responding local government entity" means a
local government entity providing mutual aid assistance in response
to a request under the system.
             (14)  "System" means the Texas Statewide Mutual Aid
System.
       SECTION 1.02.  Subchapter E, Chapter 418, Government Code,
is amended by adding Section 418.1015 to read as follows:
       Sec. 418.1015.  EMERGENCY MANAGEMENT DIRECTORS. (a)  The
presiding officer of the governing body of an incorporated city or a
county or the chief administrative officer of a joint board is
designated as the emergency management director for the officer's
political subdivision.
       (b)  An emergency management director serves as the
governor's designated agent in the administration and supervision
of duties under this chapter. An emergency management director may
exercise the powers granted to the governor under this chapter on an
appropriate local scale.
       (c)  An emergency management director may designate a person
to serve as emergency management coordinator.  The emergency
management coordinator shall serve as an assistant to the emergency
management director for emergency management purposes.
       SECTION 1.03.  Subsection (c), Section 418.107, Government
Code, is amended to read as follows:
       (c)  A local government entity [political subdivision or
regional planning commission] may render mutual aid to other local
government entities [political subdivisions or regional planning
commissions] under mutual aid agreements or the system.
       SECTION 1.04.  The heading to Section 418.109, Government
Code, is amended to read as follows:
       Sec. 418.109.  AUTHORITY TO RENDER MUTUAL AID ASSISTANCE.
       SECTION 1.05.  Subsection (d), Section 418.109, Government
Code, is amended to read as follows:
       (d)  A local government entity or [municipality, county,
emergency services district, fire protection agency, regional
planning commission,] organized volunteer group[, or other
emergency services entity] may provide mutual aid assistance on
request from another local government entity or [municipality,
county, emergency services district, fire protection agency,
regional planning commission,] organized volunteer group[, or
other emergency services entity]. The chief or highest ranking
officer of the entity from which assistance is requested, with the
approval and consent of the presiding officer of the governing body
of that entity, may provide that assistance while acting in
accordance with the policies, ordinances, and procedures
established by the governing body of that entity [and consistent
with any mutual aid plans developed by the emergency management
council].
       SECTION 1.06.  Section 418.110, Government Code, is amended
to read as follows:
       Sec. 418.110.  STATEWIDE MUTUAL AID PROGRAM FOR FIRE
EMERGENCIES.  (a)  The division, in consultation with state fire
protection agencies and the Texas Commission on Fire Protection,
may [shall] develop a statewide mutual aid program for fire
emergencies.
       (b)  A program developed under this section:
             (1)  does not alter the legal obligations of a
political subdivision participating in the system; and
             (2)  must be consistent with the state emergency
management plan.
       SECTION 1.07.  Chapter 418, Government Code, is amended by
adding Subchapter E-1 to read as follows:
SUBCHAPTER E-1. TEXAS STATEWIDE MUTUAL AID SYSTEM
       Sec. 418.111.  CREATION OF THE TEXAS STATEWIDE MUTUAL AID
SYSTEM.  (a)  The Texas Statewide Mutual Aid System is established
to provide integrated statewide mutual aid response capability
between local government entities without a written mutual aid
agreement.
       (b)  A request for mutual aid assistance between local
government entities is considered to be made under the system,
unless the requesting and responding entities are parties to a
written mutual aid agreement in effect when the request is made.
       (c)  This subchapter does not affect a written mutual aid
agreement between local government entities in effect on or before
the effective date of this subchapter or restrict the ability of
local government entities to enter into a written mutual aid
agreement as otherwise authorized by statute after the effective
date of this subchapter. If a request is made between local
government entities that are parties to a written mutual aid
agreement, the terms of that agreement control the rights and
obligations of the parties.
       Sec. 418.112.  ADMINISTRATION BY DIVISION. The division
shall administer the system. In administering the system, the
division shall encourage and assist political subdivisions in
planning and implementing comprehensive all-hazards emergency
management programs, including assisting political subdivisions to
ensure that the local emergency management plan of each subdivision
adequately provides for the rendering and receipt of mutual aid.
       Sec. 418.113.  DISASTER DISTRICTS. (a)  This state is
divided into disaster districts to engage in homeland security
preparedness and response activities. The boundaries of the
disaster districts coincide with the geographic boundaries of the
state planning regions established by the governor under Chapter
391, Local Government Code.
       (b)  A disaster district committee is established for each
disaster district. Each committee is composed of local
representatives of the state agencies, boards, and commissions and
organized volunteer groups with representation on the emergency
management council.
       (c)  Each disaster district committee shall coordinate with
political subdivisions located in the disaster district to ensure
that state and federal emergency assets are made available as
needed to provide the most efficient and effective response
possible.
       (d)  The public safety director of the Department of Public
Safety of the State of Texas shall appoint a commanding officer from
the Texas Highway Patrol to serve as chair of each disaster district
committee. The chair shall:
             (1)  inform the state Director of Homeland Security on
all matters relating to disasters and emergencies as requested by
the state Director of Homeland Security; and
             (2)  inform the public safety director of the
Department of Public Safety of the State of Texas on all matters as
requested by the public safety director.
       (e)  Representatives of the emergency management council
assigned to each district shall assist the chair of their disaster
district committee and provide guidance, counsel, and
administrative support as required.
       Sec. 418.114.  PROCEDURES FOR MUTUAL AID. (a)  The
political subdivisions in each state planning region established by
the governor under Chapter 391, Local Government Code, shall agree
on procedures that specify the manner in which mutual aid will be
provided in response to a request from a political subdivision in
the district or another district or from this state.
       (b)  A copy of the procedures must be provided to the
division and the disaster district committee chair.
       Sec. 418.115.  REQUESTING AND PROVIDING MUTUAL AID
ASSISTANCE. (a)  A request for mutual aid assistance may be
submitted verbally or in writing. If a request is submitted
verbally, it must be confirmed in writing not later than the 30th
day after the date the request was made.
       (b)  If a request for mutual aid assistance is made to a
department or agency of a political subdivision, the chief or
highest ranking officer of the department or agency, with the
approval and consent of the presiding officer of the governing body
of the political subdivision or that officer's designee, may
provide the requested assistance in accordance with the policies,
ordinances, and procedures established by the governing body of the
political subdivision.
       Sec. 418.1151.  ASSESSMENT OF ABILITY TO RENDER ASSISTANCE.
(a)  When contacted with a request for mutual aid assistance, a
local government entity shall assess local resources to determine
availability of personnel, equipment, and other assistance to
respond to the request.
       (b)  A responding local government entity may provide
assistance to the extent personnel, equipment, and resources are
determined to be available.  A local government entity is not
required to provide mutual aid assistance unless the entity
determines that the entity has sufficient resources to provide
assistance, based on current or anticipated events in its
jurisdiction.
       Sec. 418.1152.  SUPERVISION AND CONTROL. When providing
mutual aid assistance under the system:
             (1)  the response effort must be organized and function
in accordance with the National Incident Management System
guidelines;
             (2)  the personnel, equipment, and resources of a
responding local government entity being used in the response
effort are under the operational control of the requesting local
government entity unless otherwise agreed;
             (3)  direct supervision and control of personnel,
equipment, and resources and personnel accountability remain the
responsibility of the designated supervisory personnel of the
responding local government entity;
             (4)  unless otherwise agreed in advance, an emergency
medical service organization providing assistance under the system
shall use the medical protocols authorized by the organization's
medical director;
             (5)  the designated supervisory personnel of the
responding local government entity shall:
                   (A)  maintain daily personnel time records,
material records, and a log of equipment hours;
                   (B)  be responsible for the operation and
maintenance of the equipment and other resources furnished by the
responding local government entity; and
                   (C)  report work progress to the requesting local
government entity; and
             (6)  the responding local government entity's personnel
and other resources are subject to recall at any time, subject to
reasonable notice to the requesting local government entity.
       Sec. 418.1153.  DURATION OF AID. The provision of mutual aid
assistance under the system may continue until:
             (1)  the services of the responding local government
entity are no longer required; or
             (2)  the responding local government entity determines
that further assistance should not be provided.
       Sec. 418.116.  RIGHTS AND PRIVILEGES. (a)  A person
assigned, designated, or ordered to perform duties by the governing
body of the local government entity employing the person in
response to a request under the system is entitled to receive the
same wages, salary, pension, and other compensation and benefits,
including injury or death benefits, disability payments, and
workers' compensation benefits, for the performance of the duties
under the system as though the services were rendered for the entity
employing the person.
       (b)  The local government entity employing the person is
responsible for the payment of wages, salary, pension, and other
compensation and benefits associated with the performance of duties
under the system.
       Sec. 418.117.  LICENSE PORTABILITY. If the assistance of a
person who holds a license, certificate, permit, or other document
evidencing qualification in a professional, mechanical, or other
skill is requested by a local government entity under the system,
the person is considered licensed, certified, permitted, or
otherwise documented in the political subdivision in which the
service is provided as long as the service is required, subject to
any limitations imposed by the chief executive officer or the
governing body of the requesting local government entity.
       Sec. 418.118.  REIMBURSEMENT OF COSTS: STATE REQUEST OR
FEDERAL DISASTER DECLARATION. (a)  The division shall administer
all requests for reimbursement for costs associated with providing
mutual aid assistance in response to a request made by the division
for an incident resulting in the issuance of a disaster declaration
by the president of the United States. A request for reimbursement
made to the division must be made in accordance with procedures
developed by the division.
       (b)  The division may directly request the provision of
mutual aid assistance from any local government entity
participating in the system. If the division requests the
provision of assistance and the local government entity responds,
the state shall reimburse the actual costs of providing assistance,
including costs for personnel, operation and maintenance of
equipment, damaged equipment, food, lodging, and transportation,
incurred by the responding local government entity. The state
shall pay reimbursements from available state money. If funds are
made available from the disaster contingency fund, the division
shall make reimbursement from the disaster contingency fund for
eligible expenses to the extent that available state money is
inadequate.
       (c)  If federal money is available to pay costs associated
with the provision of mutual aid assistance in response to a request
made by the division, the division shall make the claim for the
eligible costs of the responding local government entity on the
division's grant application and shall disburse the federal share
of the money to the responding local government entity, with
sufficient state funds to cover the actual costs incurred by the
responding local government entity in providing the assistance.
       Sec. 418.1181.  REIMBURSEMENT OF COSTS:  REQUEST BY LOCAL
GOVERNMENT ENTITY. (a)  If a local government entity requests
mutual aid assistance from another local government entity under
the system, the requesting local government entity shall reimburse
the actual costs of providing mutual aid assistance to the
responding local government entity, including costs for personnel,
operation and maintenance of equipment, damaged equipment, food,
lodging, and transportation, incurred by the responding local
government entity in response to a request for reimbursement.  
Local government entities with a mutual aid agreement when the
request for mutual aid assistance is made are subject to the
agreement's terms of reimbursement, as provided by Section 418.111.
       (b)  The requesting local government entity shall pay the
reimbursement from available funds. If federal money is available
to pay costs associated with the provision of mutual aid
assistance, the requesting local government entity shall make the
claim for the eligible costs of the responding local government
entity on the requesting entity's subgrant application and shall
disburse the federal share of the money to the responding local
government entity, with sufficient local funds to cover the actual
costs of the responding local government entity in providing
assistance.
       SECTION 1.08.  Subdivision (9), Section 418.004, and
Subsections (a), (b), and (c), Section 418.109, Government Code,
are repealed.
       SECTION 1.09.  This article takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for immediate
effect, this article takes effect September 1, 2007.
ARTICLE 2.  PREPAID MOBILE TELEPHONES
SECTION 2.01.  Title 4, Business & Commerce Code, is amended
by adding Chapter 51 to read as follows:
CHAPTER 51. SALE OF MOBILE TELEPHONES
       Sec. 51.01.  DEFINITIONS. In this chapter:
             (1)  "Activation" means the process after which a
wireless service provider has turned on service and a mobile
telephone is capable of making and receiving a call.
             (2)  "Business establishment" includes an online
vendor.
             (3)  "Mobile telephone" includes a cellular telephone
or similar wireless communication device that can be used as a
telephone and for which a monthly bill is received.  The term does
not include an amateur radio.
             (4)  "Prepaid mobile telephone" means a mobile
telephone for which access to a wireless communication service is
not under a term contract and for which a monthly bill is not
received.  The term does not include an amateur radio.
             (5)  "Valid identifying information" includes, but is
not limited to, a credit card or debit card.
       Sec. 51.02.  RESTRICTION ON SALE OF PREPAID MOBILE
TELEPHONE.  A business establishment that sells a prepaid mobile
telephone may not sell a person more than five prepaid mobile
telephones from the establishment during a single transaction,
unless the customer provides proof of:
             (1)  nonprofit status; or
             (2)  employment by a governmental entity or political
subdivision.
       Sec. 51.03.  CERTAIN INFORMATION REQUIRED; OFFENSE.  (a)  A
purchaser of a prepaid mobile telephone must provide the wireless
service provider or other business establishment activating the
prepaid mobile telephone with:
             (1)  the information necessary to make the record
required by Section 51.04; and
             (2)  valid identifying information.
       (b)  A purchaser who provides false or misleading
information when providing information required under this section
commits an offense.  An offense under this subsection is a Class A
misdemeanor.  If conduct constituting an offense under this
subsection also constitutes an offense under another law, the actor
may be prosecuted under this subsection, the other law, or both.
       (c)  A wireless service provider or other business
establishment is not liable for the validity or authenticity of the
information collected under this section.
       Sec. 51.04.  PREREQUISITES TO ACTIVATION OF PREPAID MOBILE
TELEPHONE. Before completing an activation of a prepaid mobile
telephone, the entity that provides wireless service to the mobile
telephone shall make a record of the activation, including the name
and one of the following of the consumer activating the telephone:
             (1)  address;
             (2)  date of birth; or
             (3)  social security number.
       Sec. 51.05.  MAINTENANCE OF RECORDS. Unless otherwise
provided by federal law, the entity that provides wireless service
to the prepaid mobile telephone shall maintain all records made
under Section 51.04 and corresponding information received under
Section 51.03 in a secure location. The entity shall maintain each
record until at least the first anniversary of the date the record
is made or the date the information is received.
       Sec. 51.06.  CIVIL PENALTY. (a)  A business establishment
or wireless service provider that violates this chapter is subject
to a civil penalty of $1,000 for each violation.
       (b)  The attorney general may bring suit to recover a civil
penalty under this chapter.
ARTICLE 3.  AMATEUR RADIO OPERATORS
       SECTION 3.01.  Subchapter Z, Chapter 661, Government Code,
is amended by adding Section 661.919 to read as follows:
       Sec. 661.919.  AMATEUR RADIO OPERATORS.  (a)  A state
employee who holds an amateur radio station license issued by the
Federal Communications Commission may be granted leave not to
exceed 10 days each fiscal year to participate in specialized
disaster relief services without a deduction in salary or loss of
vacation time, sick leave, earned overtime credit, or state
compensatory time if the leave is taken:
             (1)  with the authorization of the employee's
supervisor; and
             (2)  with the approval of the governor.
       (b)  The number of amateur radio operators who are eligible
for leave under this section may not exceed 350 state employees at
any one time during a state fiscal year. The division of emergency
management in the governor's office shall coordinate the
establishment and maintenance of the list of eligible employees.
       SECTION 3.02.  Subsection (c), Section 37.082, Education
Code, is amended to read as follows:
       (c)  In this section, "paging device" means a
telecommunications device that emits an audible signal, vibrates,
displays a message, or otherwise summons or delivers a
communication to the possessor.  The term does not include an
amateur radio under the control of an operator who holds an amateur
radio station license issued by the Federal Communications
Commission.
ARTICLE 4.  CERTAIN OPEN MEETINGS PROVISIONS RELATED TO SCHOOLS AND
GOVERNMENTAL BODIES; TEXAS SCHOOL SAFETY CENTER
       SECTION 4.01.  Subsection (b), Section 12.1051, Education
Code, is amended to read as follows:
       (b)  With respect to the operation of an open-enrollment
charter school, any requirement in Chapter 551 or 552, Government
Code, or another law that concerns open meetings or the
availability of information, that applies to a school district, the
board of trustees of a school district, or public school students
applies to an open-enrollment charter school, the governing body of
a charter holder, the governing body of an open-enrollment charter
school, or students attending an open-enrollment charter school.
       SECTION 4.02.  Subsection (c), Section 37.108, Education
Code, is amended to read as follows:
       (c)  A school district shall report the results of the
security audit conducted under Subsection (b) to the district's
board of trustees and, in the manner required by the Texas School
Safety Center, to the Texas School Safety Center.
       SECTION 4.03.  Subsection (a), Section 37.203, Education
Code, is amended to read as follows:
       (a)  The center is advised by a board of directors composed
of:
             (1)  the attorney general, or the attorney general's
designee;
             (2)  the commissioner, or the commissioner's designee;
             (3)  the executive director of the Texas Juvenile
Probation Commission, or the executive director's designee;
             (4)  the executive director of the Texas Youth
Commission, or the executive director's designee;
             (5)  the commissioner of the [Texas] Department of
State [Mental] Health Services [and Mental Retardation], or the
commissioner's designee; [and]
             (6)  the commissioner of higher education, or the
commissioner's designee; and
             (7) the following members appointed by the governor
with the advice and consent of the senate:
                   (A)  a juvenile court judge;
                   (B)  a member of a school district's board of
trustees;
                   (C)  an administrator of a public primary school;
                   (D)  an administrator of a public secondary
school;
                   (E)  a member of the state parent-teacher
association;
                   (F)  a teacher from a public primary or secondary
school;
                   (G)  a public school superintendent who is a
member of the Texas Association of School Administrators;
                   (H)  a school district police officer or a peace
officer whose primary duty consists of working in a public school;
and
                   (I)  two members of the public.
       SECTION 4.04.  Section 37.207, Education Code, is amended to
read as follows:
       Sec. 37.207.  MODEL SAFETY AND SECURITY AUDIT PROCEDURE.  
(a)  The center shall develop a model safety and security audit
procedure for use by school districts that includes:
             (1)  providing each district with guidelines and a
training video showing proper audit procedures;
             (2)  reviewing each district audit, providing the
results of the review to the district, and making recommendations
for improvements based on the audit; and
             (3)  incorporating the findings of district audits in a
statewide report on school safety made available by the center to
the public.
       (b)  Each school district shall report the results of its
audits to the center in the manner required by the center.
       SECTION 4.05.  Subchapter G, Chapter 37, Education Code, is
amended by adding Section 37.213 to read as follows:
       Sec. 37.213.  INSTITUTIONS OF HIGHER EDUCATION.  (a)  In
this section, "institution of higher education" has the meaning
assigned by Section 61.003.
       (b)  An institution of higher education may use any
appropriate model plan developed by the center under Section
37.205(4).
       (c)  The center may provide an institution of higher
education with on-site technical assistance and safety training.
       (d)  The center may charge a fee to an institution of higher
education for assistance and training provided under Subsection
(c).
       SECTION 4.06.  Section 551.076, Government Code, is amended
to read as follows:
       Sec. 551.076.  DELIBERATION REGARDING SECURITY DEVICES,
SECURITY AUDITS, OR EMERGENCY OPERATIONS PLANS; CLOSED MEETING.  
This chapter does not require a governmental body to conduct an open
meeting to deliberate:
             (1)  the deployment, or specific occasions for
implementation, of security personnel or devices;
             (2)  a security audit; or
             (3)  an emergency operations plan.
ARTICLE 5.  PROVISIONS RELATED TO TOLL ROADS
       SECTION 5.01.  Subtitle G, Title 6, Transportation Code, is
amended by adding Chapter 371 to read as follows:
CHAPTER 371. PROVISIONS APPLICABLE TO MORE THAN ONE TYPE OF TOLL
PROJECT
       Sec. 371.001.  VEHICLES USED BY NONPROFIT DISASTER RELIEF
ORGANIZATIONS. (a)  In this section:
             (1)  "Toll project" means a toll project described by
Section 201.001(b), regardless of whether the toll project is:
                   (A)  a part of the state highway system; or
                   (B)  subject to the jurisdiction of the
department.
             (2)  "Toll project entity" means an entity authorized
by law to acquire, design, construct, finance, operate, and
maintain a toll project, including:
                   (A)  the department under Chapter 227 or 228;
                   (B)  a regional tollway authority under Chapter
366;
                   (C)  a regional mobility authority under Chapter
370; or
                   (D)  a county under Chapter 284.
       (b)  A toll project entity may not require a vehicle
registered under Section 502.203 to pay a toll for the use of a toll
project.
       SECTION 5.02.  Subsection (d), Section 228.058,
Transportation Code, is repealed.
ARTICLE 6.  OPERATION OF DESIGNATED EMERGENCY VEHICLES
       SECTION 6.01.  Section 418.013, Government Code, is amended
by adding Subsection (c) to read as follows:
       (c)  The emergency management council shall make
recommendations to the Department of Public Safety as to which
private emergency organizations, such as the American National Red
Cross, the Salvation Army, Radio Amateur Civil Emergency Service,
and other similar organizations with the capability to supplement
the state's resources in disaster situations, should be authorized
to operate certain vehicles as designated emergency vehicles in the
case of a disaster.
       SECTION 6.02.  Subchapter A, Chapter 546, Transportation
Code, is amended by adding Section 546.006 to read as follows:
       Sec. 546.006.  DESIGNATED EMERGENCY VEHICLE DURING DECLARED
DISASTERS.  (a)  From recommendations made under Section
418.013(c), Government Code, the department shall designate which
vehicles may be operated by which designated organizations as
emergency vehicles during declared disasters.
       (b)  A vehicle designated under Subsection (a) may be
operated by a designated organization as if the vehicle were an
authorized emergency vehicle under this subtitle if:
             (1)  the governor declares a state of disaster under
Section 418.014, Government Code;
             (2)  the department requests assistance from the
designated organization; and
             (3)  the vehicle is operated by the designated
organization or a member of the designated organization in response
to the state of disaster.
       (c)  The department shall adopt rules as necessary to
implement this section.
ARTICLE 7.  INTERCEPTION OF WIRE, ORAL, OR ELECTRONIC
COMMUNICATIONS
       SECTION 7.01.  Subdivision (1), Section 1, Article 18.20,
Code of Criminal Procedure, is amended to read as follows:
             (1)  "Wire communication" means an aural transfer made
in whole or in part through the use of facilities for the
transmission of communications by the aid of wire, cable, or other
like connection between the point of origin and the point of
reception, including the use of such a connection in a switching
station, furnished or operated by a person authorized to engage in
providing or operating the facilities for the transmission of
communications as a communications common carrier. [The term
includes the electronic storage of a wire communication.]
       SECTION 7.02.  Article 18.20, Code of Criminal Procedure, is
amended by amending Section 4 and adding Section 9A to read as
follows:
       Sec. 4.  OFFENSES FOR WHICH INTERCEPTIONS MAY BE AUTHORIZED.  
A judge of competent jurisdiction may issue an order authorizing
interception of wire, oral, or electronic communications only if
the prosecutor applying for the order shows probable cause to
believe that the interception will provide evidence of the
commission of:
             (1)  a felony under Section 19.02, 19.03, or 43.26,
Penal Code;
             (2)  a felony under:
                   (A)  Chapter 481, Health and Safety Code, other
than felony possession of marihuana;
                   (B)  Section 485.033, Health and Safety Code; or
                   (C)  Chapter 483, Health and Safety Code; [or]
             (3)  an offense under Chapter 20, 20A, or 34, Penal
Code; or
             (4)  an attempt, conspiracy, or solicitation to commit
an offense listed in this section.
       Sec. 9A.  INTERCEPTION ORDER FOR COMMUNICATION BY SPECIFIED
PERSON. (a)  Notwithstanding Section 8(a)(2)(B), an application
for an order authorizing the interception of a wire, oral, or
electronic communication is not required to contain a particular
description of the nature and location of the facilities from which
or the place where the communication is to be intercepted if a judge
of competent jurisdiction determines the person whose
communications are to be intercepted is likely to circumvent the
order by changing communication devices repeatedly or there are
exigent circumstances requiring that the order:
             (1)  apply to any communication by the person whose
communications are to be intercepted; and
             (2)  not be limited to a specific facility or place.
       (b)  A judge who makes a determination under Subsection (a)
is not required to include in the order a description of the nature
or location of the communications facility from which or the place
where authority to intercept is granted, as required by Section
9(b)(2). As an alternative to including that description, the
judge may authorize the interception of any communication made by a
specified person while the person is present in the geographic
jurisdiction of the court.
       (c)  This section does not place any additional legal
obligation on a wire or electronic communications provider to
identify or locate a person whose communications are to be
intercepted.
       SECTION 7.03.  Subdivision (5), Section 1, Article 18.21,
Code of Criminal Procedure, is amended to read as follows:
             (5)  "Mobile tracking device" means an electronic or
mechanical device that permits tracking the movement of a person,
vehicle, container, item, or object. [The term does not include a
device designed, made, adapted, or capable of:
                   [(A)  intercepting the content of a
communication; or
                   [(B)  functioning as a pen register, ESN reader,
trap and trace device, or similar equipment.]
       SECTION 7.04.  The change in law made by this article to
Article 18.20, Code of Criminal Procedure, applies only to an
application for an order authorizing the interception of a wire,
oral, or electronic communication that is submitted on or after the
effective date of this article. An application that was submitted
before the effective date of this article is covered by the law in
effect on the date the application was submitted, and the former law
is continued in effect for that purpose.
       SECTION 7.05.  The change in law made by this article to
Article 18.21, Code of Criminal Procedure, applies only to an
application for an order authorizing the installation and use of a
mobile tracking device that is submitted on or after the effective
date of this article. An application that was submitted before the
effective date of this article is covered by the law in effect on
the date the application was submitted, and the former law is
continued in effect for that purpose.
ARTICLE 8.  EMERGENCY ALERT SYSTEM
       SECTION 8.01.  Subsection (a), Section 418.042, Government
Code, is amended to read as follows:
       (a)  The division shall prepare and keep current a
comprehensive state emergency management plan. The plan may
include:
             (1)  provisions for prevention and minimization of
injury and damage caused by disaster;
             (2)  provisions for prompt and effective response to
disaster;
             (3)  provisions for emergency relief;
             (4)  provisions for energy emergencies;
             (5)  identification of areas particularly vulnerable
to disasters;
             (6)  recommendations for zoning, building
restrictions, and other land-use controls, safety measures for
securing mobile homes or other nonpermanent or semipermanent
structures, and other preventive and preparedness measures
designed to eliminate or reduce disasters or their impact;
             (7)  provisions for assistance to local officials in
designing local emergency management plans;
             (8)  authorization and procedures for the erection or
other construction of temporary works designed to protect against
or mitigate danger, damage, or loss from flood, fire, or other
disaster;
             (9)  preparation and distribution to the appropriate
state and local officials of state catalogs of federal, state, and
private assistance programs;
             (10)  organization of manpower and channels of
assistance;
             (11)  coordination of federal, state, and local
emergency management activities;
             (12)  coordination of the state emergency management
plan with the emergency management plans of the federal government;
             (13)  coordination of federal and state energy
emergency plans; [and]
             (14)  provisions for education and training of local
officials on activation of the Emergency Alert System established
under 47 C.F.R. Part 11; and
             (15)  other necessary matters relating to disasters.
ARTICLE 9.  TEMPORARY CARDBOARD TAGS ON VEHICLES
       SECTION 9.01.  Section 503.005, Transportation Code, is
amended by adding Subsections (c) and (d) to read as follows:
       (c)  A dealer who submits information to the database under
Section 503.0631 satisfies the requirement for the dealer to notify
the department of the sale or transfer of a motor vehicle, trailer,
or semitrailer under this section.
       (d)  The notice required under this section is in addition to
the application for vehicle registration and certificate of title a
dealer is required to submit under Section 501.0234.
       SECTION 9.02.  Subsection (d), Section 503.062,
Transportation Code, is amended to read as follows:
       (d)  The department may not issue a dealer temporary
cardboard tag or contract for the issuance of a dealer temporary
cardboard tag but shall prescribe:
             (1)  the specifications, form, and color of a dealer
temporary cardboard tag; [and]
             (2)  procedures for a dealer to generate a
vehicle-specific number using the database developed under Section
503.0626 and assign it to each tag;
             (3)  procedures to clearly display the
vehicle-specific number on the tag; and
             (4)  the period for which a tag may be used for or by a
charitable organization.
       SECTION 9.03.  Subsection (e), Section 503.0625,
Transportation Code, is amended to read as follows:
       (e)  The department may not issue a converter temporary
cardboard tag or contract for the issuance of a converter temporary
cardboard tag but shall prescribe:
             (1)  the specifications, form, and color of a converter
temporary cardboard tag;
             (2)  procedures for a converter to generate a
vehicle-specific number using the database developed under Section
503.0626 and assign it to each tag; and
             (3)  procedures to clearly display the
vehicle-specific number on the tag.
       SECTION 9.04.  Subchapter C, Chapter 503, Transportation
Code, is amended by adding Section 503.0626 to read as follows:
       Sec. 503.0626.  DEALER'S AND CONVERTER'S TEMPORARY TAG
DATABASE. (a)  The department shall develop and maintain a secure,
real-time database of information on vehicles to which dealers and
converters have affixed temporary cardboard tags. The database
shall be managed by the vehicle titles and registration division of
the department.
       (b)  The database must allow law enforcement agencies to use
the vehicle-specific number assigned to and displayed on the tag as
required by Section 503.062(d) or Section 503.0625(e) to obtain
information about the dealer or converter that owns the vehicle.
       (c)  Before a dealer's or converter's temporary cardboard tag
may be displayed on a vehicle, the dealer or converter must enter
into the database through the Internet information on the vehicle
and information about the dealer or converter as prescribed by the
department. The department may not deny access to the database to
any dealer who holds a general distinguishing number issued under
this chapter or who is licensed under Chapter 2301, Occupations
Code, or to any converter licensed under Chapter 2301, Occupations
Code.
       (d)  The department shall adopt rules and prescribe
procedures as necessary to implement this section.
       SECTION 9.05.  Section 503.063, Transportation Code, is
amended by amending Subsections (a), (e), and (f) and adding
Subsections (g) and (h) to read as follows:
       (a)  Except as provided by this section, a dealer shall [may]
issue to a person who buys a [an unregistered] vehicle one temporary
cardboard buyer's tag for the vehicle.
       (e)  The department may not issue a buyer's tag or contract
for the issuance of a buyer's tag but shall prescribe:
             (1)  the specifications, color, and form of a buyer's
tag; and
             (2)  procedures for a dealer to:
                   (A)  generate a vehicle-specific number using the
database developed under Section 503.0631 and assign it to each
tag;
                   (B)  generate a vehicle-specific number using the
database developed under Section 503.0631 for future use for when a
dealer is unable to access the Internet at the time of sale; and
                   (C)  clearly display the vehicle-specific number
on the tag.
       (f)  The department shall ensure that a dealer may generate
in advance a sufficient amount of vehicle-specific numbers under
Subsection (e)(2)(B) in order to continue selling vehicles for a
period of up to one week in which a dealer is unable to access the
Internet due to an emergency.  The department shall establish an
expedited procedure to allow affected dealers to apply for
additional vehicle-specific numbers so they may remain in business
during an emergency.
       (g)  Using the same vehicle-specific number generated under
Subsection (e)(2)(A), a [A] dealer may issue an additional
temporary cardboard buyer's tag to a person after the expiration of
20 working [21] days after the issue of a temporary cardboard
buyer's tag, and the person may operate the vehicle for which the
tag was issued on the additional temporary cardboard buyer's tag if
the dealer has been unable to obtain on behalf of the vehicle's
owner the necessary documents to obtain permanent metal license
plates because the documents are in the possession of a lienholder
who has not complied with the terms of Section 501.115(a) [of this
code]. An additional tag issued under the terms of this subsection
is valid for a maximum of 20 working [21] days after the date of
issue.
       (h)  For each buyer's temporary cardboard tag other than an
additional temporary cardboard buyer's tag under Subsection (g), a
dealer shall charge the buyer a registration fee of not more than $5
as prescribed by the department to be sent to the comptroller for
deposit to the credit of the state highway fund.
       SECTION 9.06.  Subchapter C, Chapter 503, Transportation
Code, is amended by adding Sections 503.0631 and 503.0632 to read as
follows:
       Sec. 503.0631.  BUYER'S TEMPORARY TAG DATABASE. (a)  The
department shall develop and maintain a secure, real-time database
of information on persons to whom temporary buyer's tags are issued
that may be used by a law enforcement agency in the same manner that
the agency uses vehicle registration information.  The database
shall be managed by the vehicle titles and registration division of
the department.
       (b)  The database must allow law enforcement agencies to use
a vehicle-specific number assigned to and displayed on the tag as
required by Section 503.063(e)(2) to obtain information about the
person to whom the tag was issued.
       (c)  Except as provided by Subsection (d), before a buyer's
temporary cardboard tag may be displayed on a vehicle, a dealer must
enter into the database through the Internet information about the
buyer of the vehicle for which the tag was issued as prescribed by
the department and generate a vehicle-specific number for the tag
as required by Section 503.063(e).  The department may not deny
access to the database to any dealer who holds a general
distinguishing number issued under this chapter or who is licensed
under Chapter 2301, Occupations Code.
       (d)  A dealer shall obtain 24-hour Internet access at its
place of business, but if the dealer is unable to access the
Internet at the time of the sale of a vehicle, the dealer shall
complete and sign a form, as prescribed by the department, that
states the dealer has Internet access, but was unable to access the
Internet at the time of sale. The buyer shall keep the original
copy of the form in the vehicle until the vehicle is registered to
the buyer. Not later than the next business day after the time of
sale, the dealer shall submit the information required under
Subsection (c).
       (e)  The department shall adopt rules and prescribe
procedures as necessary to implement this section.
       Sec. 503.0632.  NOTICE TO BUYER. (a)  Each dealer shall
provide a one-page written notice to a buyer that explains:
             (1)  the requirements of the law regarding a buyer's
temporary cardboard tag;
             (2)  any criminal penalties relating to a buyer's
temporary cardboard tag;
             (3)  any action the buyer is required to take
concerning a buyer's temporary cardboard tag; and
             (4)  any other information related to the process of
purchasing and registering a vehicle as prescribed by the
department.
       (b)  The dealer shall require the buyer to sign a statement
indicating the buyer received the notice under this section.
       (c)  The department shall adopt rules to:
             (1)  prescribe the specifications and form of the
written notice and statement used under this section; and
             (2)  establish a procedure to determine dealer
compliance with this section.
       SECTION 9.07.  The heading to Section 503.067,
Transportation Code, is amended to read as follows:
       Sec. 503.067.  UNAUTHORIZED REPRODUCTION, PURCHASE, USE, OR
SALE OF TEMPORARY CARDBOARD TAGS.
       SECTION 9.08.  Section 503.067, Transportation Code, is
amended by amending Subsection (a) and adding Subsections (c) and
(d) to read as follows:
       (a)  A person [other than a dealer] may not produce or
reproduce a [buyer's or dealer's] temporary cardboard tag or an item
represented to be a temporary cardboard tag for the purpose of
distributing the tag to someone other than a dealer or converter.
       (c)  A person other than a dealer or converter may not
purchase a temporary cardboard tag.
       (d)  A person may not sell or distribute a temporary
cardboard tag or an item represented to be a temporary cardboard tag
unless the person is:
             (1)  a dealer issuing the tag in connection with the
sale of a vehicle; or
             (2)  a printer or distributor engaged in the business
of selling temporary cardboard tags solely for uses authorized
under this chapter.
       SECTION 9.09.  Section 503.094, Transportation Code, is
amended by amending Subsection (b) and adding Subsection (d) to
read as follows:
       (b)  Except as otherwise provided by this section, an [An]
offense under this section is a misdemeanor punishable by a fine of
not less than $50 or more than $5,000.
       (d)  An offense involving a violation of:
             (1)  Section 503.067(b) or (c) is a Class C
misdemeanor;
             (2)  Section 503.067(d) is a Class A misdemeanor;
             (3)  Section 503.067(a) is a state jail felony; and
             (4)  Section 503.067(b), (c), or (d) is a state jail
felony if the person who committed the offense criminally conspired
to engage in organized criminal activity.
       SECTION 9.10.  Subsection (a), Section 2301.651,
Occupations Code, is amended to read as follows:
       (a)  The board may deny an application for a license, revoke
or suspend a license, place on probation a person whose license has
been suspended, or reprimand a license holder if the applicant or
license holder:
             (1)  is unfit under standards described in this chapter
or board rules;
             (2)  makes a material misrepresentation in any
application or other information filed under this chapter or board
rules;
             (3)  violates this chapter or a board rule or order;
             (4)  violates any law relating to the sale,
distribution, financing, or insuring of motor vehicles;
             (5)  fails to maintain the qualifications for a
license;
             (6)  wilfully defrauds a purchaser; [or]
             (7)  fails to fulfill a written agreement with a retail
purchaser of a motor vehicle; or
             (8)  violates the requirements of Section 503.0631,
Transportation Code.
       SECTION 9.11.  (a)  As soon as practicable after the
effective date of this Act, the Texas Department of Transportation
shall adopt rules to implement Sections 503.0626 and 503.0631,
Transportation Code, as added by this article.
       (b)  The Texas Department of Transportation may not enforce
Section 503.0626 or 503.0631, Transportation Code, as added by this
article, until the rules adopted under Subsection (a) of this
section take effect and the databases are operational and available
to dealers with a general distinguishing number or a converter's
license issued under Chapter 2301, Occupations Code.
       SECTION 9.12.  The changes in law made by this article to
Sections 503.067 and 503.094, Transportation Code, apply to an
offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense was committed before that date.
ARTICLE 10.  EFFECTIVE DATE
       SECTION 10.01.  Except as otherwise provided by this Act,
this Act takes effect September 1, 2007.